Osteoarthritis (degenerative arthritis) decisions — 2022

The Veteran's claim for a higher rating for his L-3 fracture, residuals including DDD and prosthetic discs L4-5 and L5-S1, IVDS and degenerative arthritis was denied. The Board found that the evidence did not meet the criteria for a disability rating in excess of 20 percent prior to March 22, 2017 or 40 percent from March 22, 2017 to February 18, 2022.

The Veteran's appeal for an increased evaluation of his right knee osteoarthritis has been withdrawn.,The claim for service connection for hypertension secondary to COPD was reopened due to the submission of new and material evidence.

The Board has granted service connection for a lumbar paraspinal strain, nerve damage of the left lower extremity, and somatization disorder. Service connection was denied for sleep apnea.

The Veteran's service-connected residuals of fractured right tibia are granted a 30 percent disability rating, effective June 3, 2013. The Veteran is also granted TDIU effective April 26, 2019.

The Veteran's service-connected degenerative arthritis of the lumbar spine and associated lumbar radiculopathy prevented him from securing and following a substantially gainful occupation from September 20, 2012 to September 19, 2013.

The Board has determined that new examinations are needed to assess the current severity of the Veteran's low back disability and left wrist carpal tunnel syndrome due to the Veteran's testimony suggesting worsening symptoms.

The Board has granted the Veteran's claim for service connection for a back disability, to include back spasms with painful motion. The evidence shows that the Veteran had in-service complaints of back pain and was diagnosed with sacroiliac and lumbar degenerative arthritis with bulging disc disease and retrolisthesis of L5 on S1. A medical opinion supports the finding that his current condition is related to service.

The Veteran's service-connected degenerative arthritis of the low back is granted an increased evaluation to 40 percent prior to July 2, 2015.

The Veteran's claims for increased ratings for migraine headaches, right shoulder degenerative arthritis, and lumbar spine disability were denied. The Veteran was granted a 30% rating for her right shoulder condition effective September 1, 2011.

The Veteran's claims for service connection for broken and chipped teeth, a broken upper and lower jaw, a fractured and broken nose, and fractures of the bilateral hands have been dismissed.,Service connection for a low back disorder was denied as it is not causally or etiologically related to service.

The Veteran's service-connected conditions, including major depressive disorder and orthopedic disabilities, render him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU on schedular basis as he meets the criteria for one disability rated 60% or more and at least one disability rated at 40% or more with sufficient additional disability.

The Veteran's claims for increased ratings for his service-connected right knee disability have been denied. The Veteran is currently rated at 20 percent for limitation of flexion due to degenerative arthritis, strain, and patellar tendinopathy with hyperextension/genu recurvatum of the right knee from January 19, 2022, and a separate 10 percent rating has been granted for instability in the right knee.

The Board has remanded the Veteran's claims for increased disability ratings for his left knee disability due to inadequate examination findings. The Veteran is required to undergo a new VA examination to assess the severity of his condition.

The Board has decided to remand the Veteran's claims for service connection due to non-compliance with previous remands and potential issues in communication.

The Veteran's TDIU claim is denied as his combined service-connected disability rating does not meet the schedular or extraschedular criteria for a TDIU.

The Veteran's lumbosacral strain with degenerative arthritis of the spine is rated at 40 percent, but no higher. The Board found that her symptoms most closely approximated the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's bilateral knee and left great toe osteoarthritis have been remanded for further examination to determine the current severity of his service-connected disabilities. The Veteran also has a pending evaluation with an orthopedic surgeon regarding a total right knee replacement, which should be obtained.

The Board has determined that the VA examinations and development are not in compliance with the prior remand directives. The claims for increased ratings will be addressed again to obtain a medical opinion compliant with the holding in Sharp v. Shulkin, 29 Vet. App. 26 (2017).

The Board has remanded three issues related to the Veteran's service-connected right leg sciatica, left leg sciatica, and degenerative arthritis of the lumbar spine. The TDIU issue is also being remanded.

The Board denied service connection for osteoarthritis of the left wrist, finding that there was no evidence to support a link between the condition and active duty service.